Leaders of the Tuloumne Band of Me-Wuk Indians celebrated the opening of a public safety building in Tuloumne, California, on January 26, 2017. The Tuolumne Economic Development Authority, the tribe's economic arm, oversaw the project. Photo: Tuloumne Band Business | National | Politics

Businesses that set up shop in Indian Country are often forced to pay taxes to states and local governments. That deprives tribes of revenues that could be used to improve services and infrastructure in their communities. It also creates uncertainty for outside entities that might otherwise want to bring jobs and development to reservations.

"Dual taxation of traders and activities conducted by traders and purchasers can impede a tribe's ability to attract investment to Indian lands where such investment and participation are critical to the vitality of tribal economies," the BIA said last month when it announced plans to update the rule. "Tribal communities continue to struggle with unmet needs, such as in their schools and housing, as well as economic development, to name a few. Moreover, beyond the operation of their governments, tribes continually pursue funding for infrastructure, roads, dams, irrigation systems and water delivery."

In North Dakota, the numbers are even more outrageous. In the last three
years, Mandan, Hidatsa and
Arikara Nation has been deprived of more than $1 billion due to the way the
state imposes taxes on energy development on the reservation.

"We wish the numbers were only $40 million," Chairman Mark Fox said at a
tribal
conference where dual taxation was discussed. "A billion dollars.
Not $40 million. A billion dollars." The tribe has since threatened to walk away from the agreement.

The Indian Trader Regulations were first issued in 1957, at a time when opportunities on reservations were few. The BIA attempted a not well-received update in the early 1980s but tribes have since made great strides in improving their economies through housing, retail, gaming and other developments.

With President
Donald Trump now in office, the forthcoming update gives his administration a huge opportunity to help tribes make even greater advancements. But the new occupant of the White House so far has ignored Indian Country with a series of controversial directives on pipelines, infrastructure, border security and public safety.

The Interior Department also remains without clear guidance since the Senate has yet to confirm Trump's choice for the agency. During his time in Congress, Rep. Ryan Zinke (R-Montana) has put priorities on economic development and employment in Indian Country.

"I have great respect for the Indian nations," Zinke said at his confirmation hearing in January as he mentioned that he is an adopted member of the Fort Peck Tribes.

Beyond a void in leadership at the top of the department, Trump has yet to name an Assistant Secretary for Indian Affairs, the official who will oversee the BIA. By this time in his first term, former president Barack Obama already had his Interior pick confirmed and had already announced his choice for the BIA.

Several names have been floating around Indian Country and Washington, D.C., as potential contenders for the BIA job. Gavin Clarkson, an attorney and citizen of the Choctaw Nation, has made no secret of his interest and he would bring a strong economic tilt to the agency with his background in finance.

Whoever ends up with the job will likely be tasked with formally approving the Indian Trader Regulations. The tribal consultations begin February 23 and run through March 16, according to the forthcoming notice. Written comments are also being accepted through April 10.